Chapter VI ELECTION TO MUNICIPALITIES

ELECTIONS TO MUNICIPALITIES.— The superintendence, direction and control of the preparation of electoral rolls, for, and the conduct of, all elections to the Municipalities shall vest in the State Election Commission.

Division of Municipalities into wards for election, reservation etc.—

1. (1) For the purpose of election of Councillors to Municipalities, State Election Commission or the officer authorised by it in this behalf shall, after previous publication of the proposals inviting objections or suggestions, if any and after considering the same, divide the Municipalities into as many wards as there are number of seats as notified under section 6 and determine the boundaries thereof: Provided that the population of each ward in a Municipality shall, as far as practicable, be equal.
2. (2) Copies of the proposals published and final orders issued under sub-section(l) shall be published by affixing copies thereof on the notice board of the office of the Municipality concerned, and in such conspicuous places within the concerned municipal area. The fact of such publication shall be published in the Gazette and in two local newspapers having wide circulation within the municipal area concerned.
3. (3) Only one Councillor shall be elected for each ward and election shall be by secret ballot.
4. (4) A person whose name has been included in the electoral roll of a ward shall be entitled to vote in an election to that ward.
5. (5) No delimitation of wards or change of wards for the purpose of reservation shall be made in a Municipality after its constitution except for the purpose of general election to that Municipality and no such delimitation or change of wards shall, in any manner, affect the existing Municipality.

Review of Final orders by the State Election Commission.—

1. (1) The State Election Commissions may, either suo moto or on application, review any order passed under section 69 and pass such orders as it may deem fit.
2. (2) An application for review under sub-section (1) shall be submitted within fifteen days from the date of passing of the final order on which the compliant is based:

District Election Officers DISTRICT ELECTION OFFICERS.—

1. (1) The State Election Commission shall, in consultation with the Government, designate or nominate an officer of the Government or of the local authority as a District Election Officer for each District: Provided that if the State Election Commission is satisfied that the duties of such office cannot be satisfactorily performed by any one such officer, it may, in consultation with the Government designate or nominate more than one such officers for a District.
2. (2) Where more than one District Election Officers are designated or nominated for a district, the State Election Commission shall, specify, in the order designating or nominating the District Election Officers the area within which each such officer shall exercise jurisdiction.
3. (3) Subject to the superintendence, direction and control of the State Election Commission, each District Election Officer shall co-ordinate and supervise all functions in connection with the conduct of the election, including the preparation and renewal of voters list with respect to each ward coming under his jurisdiction.
4. (4) The District Election Officer shall perform such other functions in connection with the election, as may be entrusted to him by the State Election Commission.

ELECTORAL REGISTRATION OFFICERS.—

1. (1) An Electoral Registration Officer shall prepare and renew the voters list with respect to each ward of a Municipality, in such manner as may be prescribed and he shall be an officer of the Government or a local authority designated or nominated by the State Election Commission in consultation with the Government.
2. (2) The Electoral Registration Officer may, subject to such restriction as may be prescribed, depute competent teachers including those of aided schools or Government employees or employees of local authorities, to prepare and revise the voters list of the wards.
3. (3) The State Election Commission may designate one or more persons as Assistant Electoral Registration Officers to assist the Electoral Registration Officer in the discharge of his functions: Provided that each such person shall be an officer of the Government or of a Municipality.
4. (4) Each Assistant Electoral Registration Officer shall, subject to the control of the Electoral Registration Officer, be competent to discharge all or any of the functions of the Electoral Registration Officer.

ELECTORAL ROLLS FOR THE MUNICIPALITY.— There shall be an electoral roll for every ward in a Municipality which shall be prepared in accordance with the provisions of this Act and under the superintendence, direction and control of State Election Commission.

DISQUALIFICATIONS FOR REGISTRATION IN ELECTORAL ROLL.—

1. (1) A person shall be disqualified for registration in an electoral roll if he-
   • (a) is not a citizen of India; or
   • (b) is of unsound mind and stands so declared by a competent court; or
   • (c) is for the time being, disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.
2. (2) The name of any person who becomes so disqualified after registration shall forthwith be struck off from the electoral roll in which it is included; Provided that the name of any person struck off from the electoral roll of a ward by reason of disqualification under clause (c) of sub-section (1), shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorising such removal of disqualification.

No person to be registered in the electoral roll for more than once.— No person shall be entitled to be registered in the electoral roll for a ward in a Municipality more than once and a person registered in the electoral roll for a ward in a Municipality shall not be entitled to be registered in the electoral roll for any other ward in that Municipality or any other Municipality or any constituency in a Village Panchayat.

Conditions of registration,— Subject to the provisions of sections 74 and 75, every person who-

1. (a) is not less than eighteen years of age on the qualifying date; and
2. (b) is ordinarily resident in a ward in a Municipality, shall be entitled to be registered in the electoral roll for that ward. Explanation.— For the purposes of this section and section 78, "qualifying date" in relation to the preparation or revision of an electoral roll, means the first day of January of the year in which it is so prepared or revised.

Meaning of "ordinarily resident”.—

1. (1) A person shall not be deemed to be ordinarily resident in a ward in a Municipality on the ground only that he owns or is in possession of a dwelling house therein.
2. (2) A person absenting himself temporarily from his place of ordinary residence shall not, by reason thereof, cease to be ordinarily resident therein.
3. (3) A Member of the Parliment or of the State Legislative Assembly or the Chairperson or Deputy Chairperson of a Municipality shall not, during the term of his office, cease to be ordinarily resident in the ward, in the electoral roll of which he is registered as an elector at the time of his election as such Member, Chairperson or Deputy Chairperson, by reason of his absence from that ward in connection with his duties as such Member of Chairperson or Deputy Chairperson, as the case may be.
4. (4) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or who is detained in prison or other legal custody at any place shall not, by reason thereof, be deemed to be or ordinarily resident therein.
5. (5) Where a question arises as to whether a person is ordinarily resident at a place at any relevent time, the question shall be determined by the State Election Commission with reference to all the facts of the case and to such rules as may be made in this behalf.

Preparation and revision of electoral rolls.—

1. (1) The electoral roll for each ward in a Municipality shall be prepared by the Electoral Registration Officer in the prescribed manner with reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act,
2. (2) The said electoral roll shall,-
   • (a) unless otherwise directed by the State Election Commission, for reasons to be recorded in writing, be revised by the Electoral Registration Officer in the prescribed manner with reference to the qualifying date-
     • (i) before each ordinary election to a Municipality; and
     • (ii) before each bye-election to fill a casual vacancy in a Council;
   • (b) be revised in any year in the prescribed manner with reference to the qualifying date if such revision has been directed by the State Election Commission: Provided that if the electoral roll is not revised as aforesaid, the validity of continued operation of the said electoral roll shall not thereby be affected.
3. (3) Notwithstanding anything contained in sub-section (2), the State Election Commission may, at any time, for reasons to be recorded in writing, direct a special revision of the electoral roll for a ward or part thereof in such manner as it may think fit: Provided that, subject to the other provisions of this Act, the electoral roll fora ward as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed.

CORRECTION OF ENTRIES IN ELECTORAL ROLL.— If the Electoral Registration Officer, on application made to him or on his own motion, is satisfied after such enquiry as he thinks fit, that any entry in an electoral roll,-

1. (a) is erroneous or defective in any particulars; or
2. (b) should be transposed to another electoral roll on the ground that the person concerned has changed his place of ordinary residence; or
3. (c) should be deleted on the ground that the person concerned is dead or has ceased to be an ordinarily resident in a ward or is otherwise not entitled to be registered in that roll, the Electoral Registration Officer shall amend, transpose or delete the entry, as the case may be: Provided that before taking any action on any ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident in a ward or, that he is otherwise not entitled to be registered in an electoral roll, the Electoral Registration Officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.

INCLUSION OF NAMES IN ELECTORAL ROLL.—

1. (1) Any person whose name is not included in the electoral roll for a ward may apply to the Electoral Registration Officer for the inclusion of his name in that roll.
2. (2) The Electoral Registration Officer shall, if he is satisfied that the applicant is entitled to be registered in the electoral roll, direct that his name be included therein: Provided that if the applicant is already registered in any other electoral roll, the Electoral Registration Officer shall where he himself is concerned with the preparation or revision of that other electoral roll, strike off the applicant's name from that electoral roll or where he is not concerned with the preparation or revision of that other electoral roll, he shall inform such inclusion to the Electoral Registration Officer concerned who shall, on receipt of the information, strike off the applicant's name from that roll.
3. (3) No amendment, transposition or deletion of any entry under section 79 nor any inclusion of a name, in the electoral roll under this section shall be made after the last date for making nomination for an election and before completion of that election.

APPEALS.— An appeal shall lie to the District Election Officer concerned within such time and in such manner as may be prescribed from any order of the Electoral Registration Officer under section 79 or section 80.

FEE FOR APPLICATIONS AND APPEALS.— Every application under section 79 or section 80 and every appeal under section 81 shall be accompanied by such fee as may be prescribed which shall, in no case, be refundable.

Special provision for adopting the electoral roll of legislative constituency.—

1. (1) Notwithstanding anything contained in this Act, the State Election Commission may, if it deems necessary, for the purpose of election under this Act, prepare the electoral rolls of the Municipality by adopting the existing electoral rolls of the legislative assembly constituency, without conducting an enumeration.
2. (2) The electoral rolls of the legislative assembly constituency adopted under sub-section (1) shall be divided into separate parts for each ward of the Municipalities and all voters included in the electoral rolls of the legislative assembly constituency relating to it shall be included in the electoral rolls of the Municipality concerned. Explanation.— In this section "legislative assembly constituency" means, the constituency for the purpose of election to the State Legislative Assembly.
3. (3) While preparing the electoral rolls, under sub-section (1), the State Election Commission shall observe the procedure prescribed for the preparation of electoral rolls under this Act and the rules made thereunder, with necessary modifications.

MAKING FALSE DECLARATION.— If any person makes in connection with—

1. (a) the preparation, revision or correction of an electoral roll, or
2. (b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees or with both.

QUALIFICATION OF CANDIDATES.— No person shall be qualified for election as a Councillor of a Municipality unless he possesses the following qualifications-

1. (a) the name of such person appears in the electoral roll in any of the wards in that Municipality;
2. (b) he has completed twenty first year of age on the date of submission of nomination;
3. (c) in the case of a seat reserved for the Scheduled Castes or the Scheduled Tribes, he is a member of any of the Scheduled Castes or the Scheduled Tribes, as the case may be;
4. (d) in the case of a seat reserved for women, such person is a woman;
5. (e) he has not been disqualified under any other provisions of this Act;
6. (f) he makes and subscribes before the Returning Officer or any other person authorised by the State Election Commission an oath or affirmation in the form set out in the Second Schedule.

DISQUALIFICATION OF OFFICERS AND EMPLOYEES OF GOVERNMENT, LOCAL AUTHORITIES ETC.—

1. (1) No officer or employee in the service of a State or Central Government or a local authority or a Corporation owned or controlled by a State or the Central Government or of a company in which a State or Central Government or local authority has not less than fifty one per cent share or Boards or or any University established under a State enactment shall be qualified for election as, or for holding the office of Councillor of a Municipality. Explanation.— For the purpose of this section, company means a Government Company as defined in section 617 of the Companies Act, 1956 (Central Act 1 of 1956) and includes a Co-operative Society registered or deemed to have been registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969).
2. (2) Any officer or employee referred to in sub-section (1) who has been dismissed for corrupt practices or disloyalty shall be disqualified for a period of five years from the date of such dismissal for election as, or for holding office of, Councillor of a Municipality.

DISQUALIFICATION OF PERSONS CONVICTED FOR CERTAIN OFFENCES.— Every person convicted of an offence punishable under Chapter IX-A of the Indian Penal Code, 1860 (Central Act 45 of 1860) or under any other provisions of law referred to in section 8 of the Representation of the People Act, 1951 (Central Act 43 of 1951) or under any law or rule relating to the infringement of the secrecy of an election, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of Councillor of a Municipality for a period of six years from the date of his conviction.

DISQUALIFICATION ON GROUND OF CORRUPT PRACTICES.—

1. (1) The case of every person found guilty of a corrupt practice by an order under section 177 shall be submitted, as soon as may be after such order takes effect, by such authority as the Government may specify in this behalf, to the Governor for determination of the question as to whether such person shall be disqualified and if so, for what period: Provided that the period for which any person may be disqualified under this subsection shall in no case exceed six years from the date on which the order made in relation to him under section 177 takes effect.
2. (2) Before giving his decision on any question under sub-section (1) the Governor shall obtain the opinion of the State Election Commission on that question and shall Act according to such opinion.

Disqualification on account of failure to submit account of election expenses.— If the State Election Commission is satisfied that a person:—

1. (a) has failed to submit an account of election expenses within the time and in the manner prescribed and has no sufficient reason or justification for such failure or
2. (b) has submitted false accounts;
3. (c) has incurred election expenses in excess of the limit prescribed, it shall, by order published in the Gazette, declare him to be disqualified and such person shall be disqualified for being elected as the Councillor for a period of five years from the date of such order.

DISQUALIFICATIONS OF CANDIDATES.—

1. (1) A person shall be disqualified in the following circumstances for being chosen as and for being a Councillor of a Municipality if—
   • (a) is so disqualified under any provision of the Constitution or by or under any law for the time being in force relating to elections to the State Legislative Assembly; or (b)
     • (i) has been sentenced by a Court or a Tribunal with imprisonment for a period of not less than three months for an offence involving moral turpitude; or
     • (ii) has been found guilty of corruption by the competent authority under any law in force, or
     • (iii) has been held personally liable for maladministration by the Ombudsman constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994), or
   • (c) has been adjudged to be of unsound mind; or
   • (d) has voluntarily acquired the citizenship of a foreign state; or
   • (e) has been sentenced by a criminal court for any electoral offence punishable under section 160 or section 162 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election and six years have not elapsed from the date of such sentence or disqualification; or
   • (f) is an applicant for being adjudicated as an insolvent or is an undischarged insolvent; or
   • (g) is interested in subsisting contract made with, or any work being done for the Government or Municipality concerned except as a shareholder (other than a Director) in a company or except as permitted by rules made under this Act. Explanation.— A person shall not, by reason of his having a share or interest in any newspaper in which an advertisement relating to the affairs of the Government or the Municipality concerned may be inserted, or by reason of his holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Municipality, be disqualified under this clause; or
   • (h) is employed as a paid legal practitioner on behalf of that Municipality; or
     • (i) is already a Councillor whose term of office as such will not expire before his fresh election can take effect or has already been elected as Councillor whose term of office has not yet commenced; or
   • (j) is in arrears of any kind due by him to the Municipality (otherwise than in a fiduciary capacity) upto and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired; or
   • (k) is dismissed or removed from any of the services referred to in section 86 and five years have not elapsed from the date of such dismissal or removal; or
   • (kk) has been disqualified under the provisions of The Kerala Local Authorities (Prohibition of Defection) Act, 1999 and six years have not elapsed since the date of his disqualification; or
   • (l) is debarred from practising as an Advocate or Vakil; or
   • (m) is a deaf-mute; or
   • (n) is disqualified under any other provisions of this Act; or
   • (o) is black-listed consequent on defaulted performance under any contract or auction with the Government; or
   • (p) has been found by the Ombudsman that there is loss, wastage or misuse of money or property of the Municipality.
2. (2) If any question arises as to whether the candidate has become subjected to any of the disqualifications mentioned in sub-section (1), the question shall be referred to for the decision of the State Election Commission and the decision of the State Election Commission on such question shall be final.

DISQUALIFICATION OF COUNCILLORS.—

1. (1) Subject to the provisions of section 92 of Section 178, a Councillor shall cease to hold office as such if he-
   • (a) is found guilty under clause (b) of sub-section (1) of Section 90 or is sentenced for such an offence; or
   • (b) has been adjudged to be of unsound mind; or
   • (c) has voluntarily acquired the citizenship of a foreign State; or
   • (d) has been sentenced by a criminal court for any electoral offence punishable under section 160 or section 162 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence of disqualification; or
   • (e) has applied for being adjudicated, or is adjudicated, as an insolvent; or
   • (f) acquires any interest in any subsisting contract made with, or work being done for the Government or the Municipality concerned except as a shareholder (other than a director) in a company or expect as permitted by rules made under this Act or enters into the contract or work with the Municipality as a Convener of the beneficiary committee which undertake the project or work of that Municipality as per any rules made under this Act. Explanation.— A person shall not, by reason of his having a share or interest in any newspaper in which any advertisement relating to the affairs of the Government or the Municipality concerned may be inserted, or by reason of his holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Government or the Municipality concerned be disqualified under this clause; or
   • (g) is employed as a paid legal practitioner on behalf of the Municipality or accepts employment as a legal practitioner against the Municipality;
   • (h) ceases to reside in the Municipality; or
     • (i) is debarred from practising as an Advocate or Vakil; or
   • (j) is in arrears of any kind due by him (otherwise than in a fiduciary capacity ) to the Municipality upto and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time if any, specified therein, has expired; or
   • (k) absents himself without the permission of the Municipality concerned from the meetings of the council of the Standing Committee as the case may be, for a period of three consecutive months reckoned from the date of the commencement of his term of office , or of the last meeting which he attended, or of the restoration to a office, as member und section (1) of Section 93, as the case may be or if within the said period of three month than three meetings have been held, absents himself from three consecutive meetings held after the said date: Provided that no meeting from which a Councillor absented himself shall be counted against him under this clause if-
     • (i) due to notice of that meeting was not given to him; or
     • (ii) the meeting was held after giving shorter notice than that prescribed for an ordinary meeting; or
     • (iii) the meeting was held on a requisition by the Councillors; Provided further that the Municipality in no case, shall give permission to a Councillor -the meetings of the council or the Standing Committee for a continuous period exceeding six months; or
   • (l) disqualified under any provision of the Constitution or by or under any law, for the fro the time being in force, relating to election to the State Legislative Assembly; or
     • (II) disqualified under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act 1999;or
   • (m) is disqualified under any other provisions of this Act.
   • (n) is responsible for the loss or wastage or misuse of money and properties of the Municipality or
   • (o) has failed , twice consecutively, to convene once in three months the meeting of the Ward Committee or the Ward Sabha of which he is the Convenor; or
   • (p) has failed to file declaration of assets within the time limit prescribed in Section 143A; or
   • (q) has been declared disqualified, as per Section 89,
2. (2) Notwithstanding anything contained in clause (p) of sub-section (1), a member, who had committed default in filing a statement of his assets and liabilities within the time limit prescribed under section 143A on the date on which the Kerala Municipality (Amendment) Act, 2007 came into force, shall not be deemed to be disqualified if he files such statement before the concerned authority within 90 days from the date on which the said Act came into force.

Cessation of membership.-(1) No Councillor shall be a member of the Parliament or of the State Legislature at the same time and accordingly,—

1. (a) If a member of the Parliament or of the State Legislature is elected as a Councillor has not resigned his membership before entering such office; or
2. (b) Where a Councillor elected or nominated to the Parliament or to State Legislature on entering upon such office the office of Councillor to that person shall become vacant.

Determination of subsequent disqualification of a Councillor.—

1. (1) Whenever a question arises as to whether a Councillor has become disqualified under section 86 or section 91, except clause (11) after having been elected as such Councillor, any Councillor of a Municipality concerned or any other person entitled to vote at the election in which the Councillor was elected, may file a petition before the State Election Commission, for decision. Provided that the Secretary or any Officer authorised by the Government in this behalf may refer such a dispute to the State Election Commission for decision.
2. (2) The State Election Commission shall, after making such enquiry as it considers necessary, decide whether such Councillor has become disqualified or not and the decision shall be final, so, however, that the State Election Commission may pass an interim order as to whether the Councillor shall continue to hold his office or not, till a decision is taken or on the petition or reference referred to in sub-section (1).
3. (3) the Petition or reference under in sub-section (1) shall be disposed of in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a suit.

Restoration of Councillors.—

1. (1) Where a person ceases to be a Councillor under section 87 or clause (a) of section 91, he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, if and when the sentence is annulled on appeal or revision and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office. s to be a Councillor under clause (k) of section 91, the Secretary shall at once intimate the fact in writing to such person and report the same to the Council, at its next meeting. If such person applies for restoration to the Council on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, the Council may at the meeting next after the receipt of such application restore him to his office of Councillor: Provided that a Councillor shall not be restored more than once during his term of office.